Reevaluating Asean Charter

Reevaluating Asean Charter

BARA HASIBUAN
JAKARTA

Wednesday, December 3, 2008

AS THE Asean (Association of Southeast Asian Nations) Summit — initially to be held in Bangkok in mid-December with the adoption of the Asean Charter on top of the agenda — is likely to be postponed due to the continuing political unrest in Thailand, it would be worthwhile for the organisation's leaders to rethink the Charter itself.

It is true that for many in the region the Charter is a milestone. For the first time in its 41-year existence, Asean has a constitution which can potentially lead it to be "a rule-based and people-oriented" entity.

It even indeed sets out rules for the Asean members and gives the organisation legal personality. More importantly, it enshrines the principles of "respect for fundamental freedoms, the promotion and protection of human rights and the promotion of social justice". It also calls for the establishment of a human rights body to ensure that every member state adheres to the Charter's principles.

But, unfortunately the Charter fails to include a provision which would authorise sanctions for any member that does not comply with its rules and principles. And it remains unclear how much power will be granted to the human rights body in enforcing the principles. To make matters even more ambiguous, the Charter validates a long-held Asean principle that is the root cause of the organisation's ineptitude in dealing firmly with its members — "non-interference in the internal affairs of Asean member states".

This unmistakably means that its adoption will not resolve one major problem that has constantly haunted Asean members over the years: How to deal with a fellow member country — Myanmar — whose regime continues to act in wanton defiance of basic principles of human rights.

In fact, in the long run the Charter potentially poses a whole set of problems for Asean. For instance, it will be an embarrassment for an organisation that includes human rights principles in its most sacred document but at the same time has a member in absolute violation of those principles. And it will be more embarrassing if the organisation is unable to sanction that particular member for its behaviour.

There is no indication that Myanmar's junta has any intention to change its course in the near future and restore democracy. In fact, when the regime was in the process of ratifying the Charter earlier this year it was carrying on with its repression by rounding up political activists and sending them to jail without due process.

Without any serious effort to make amendments to it, the Charter will fail to make Asean a more credible and effective grouping, not just in dealing with a host of internal issues but also in shaping the emerging East Asian architecture along with the three major powers of China, India and Japan. Jusuf Wanandi of CSIS Jakarta argues that an effective cooperation to maintain peace, stability and economic dynamism in the East Asian region would also have to get the United States on board.

But Myanmar has always been the sticking point in US-Asean relations. If Asean continues to fail to deal with Myanmar effectively then US-Asean relations may not move to the next level in the new Obama administration — which is supported by a Democratic Congress.

And as Secretary of State, Hillary Clinton might have unabashed empathy toward Aung San Suu Kyi which could influence her stance on Asean. Indonesian Foreign Minister Hassan Wirajuda has conceded that the Charter is "not a perfect document" and that it is "always open to amendment". One thing that can be done immediately, while waiting for the right moment to initiate amendments to the Charter, is to make sure that the Human Rights Commission will have enough power to enforce the Charter's rules and principles, including providing recommendations for sanction or expulsion.

What the Indonesian House of Representatives did by inserting an addendum to the Charter ratification law which stipulates that the Charter has to reflect the "ideals of Asean" — including the improvement and protection of human rights through an effective Asean human rights body, the institution of sanctions, including freezing of membership in cases of serious noncompliance and obstruction of the charter by members — was undoubtedly laudable.

But that was not enough. The Indonesian government needs to step up to the plate and provide strong leadership, without which it will be virtually impossible for Asean to produce a human rights body that is equipped with sufficient power to be effective.

Indonesia is Asean's indispensable power, not just as the largest member country but also as the freest and most stable democracy.

And with such power comes responsibility. Indonesia should use its influence to spread — and should not be ashamed to do so — democratic virtues throughout Asean and more importantly, to convince fellow members to break away from the so-called "constructive engagement" principle which has time and time again proved to be absolutely ineffectual in dealing with the unsavoury junta in Myanmar.

The geopolitical considerations — mainly to prevent China and India from exerting its influence in Myanmar — that drove Asean to admit Myanmar in 1997 do not hold up anymore. China — and to a certain extent, India — have been dominant powers in Myanmar anyway.

Standing up to Myanmar, or even expelling it from Asean, would not change the equation. True, a number of Asean members have commercial interests in Myanmar which oftentimes make it difficult to push the Association to take a hard-nosed stance on Myanmar. But that doesn't mean Indonesia has to go with the flow all the time.

When Myanmar was admitted into Asean 1997, Indonesia was still under the authoritarian rule of Soeharto. Since it is now a country that proudly calls itself the world's third largest democracy its continued silence on its neighbour, Myanmar, is utterly unacceptable.

The writer is US Congressional Fellow 2002-2003.

The Jakarta Post/ANN